Discovery Advocate

Discovery Advocate

News, Developments and Practical Advice on eDiscovery in the trenches of Litigation

Tag Archives: e-discovery

Gil Keteltas Discusses E-Discovery in Q&A for Recommind Blog Article

Posted in E-Discovery Rules, E-Discovery Vendor, Predictive Coding
Partner Gil Keteltas, co-editor of BakerHostetler’s Discovery Advocate blog, participated in a question-and-answer session with Senior Discovery Counsel for Recommind, Inc., Philip Favro. Keteltas’ responses appeared in a July 22, 2014, blog post on Recommind.com and addressed topics including FCRP Rule 26, proposed amendments to FCRP, predictive coding, and e-discovery challenges facing companies in 2014. Read … Continue Reading

E-Discovery in 2013 – Waiting for Godot, Closing Kimonos, and Your World Doesn’t Just Seem Bigger

Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Privacy
In some respects, 2013 seemed like a conversation between Vladimir and Estragon.  Some commentators likened it to a simple, unified message that finally had E-Discovery practitioners, litigators in general, and affected clients speaking the same language; others feared that a continuation of the status quo meant simply that another year had passed without addressing the … Continue Reading

Something Wicked This Way Comes – Dark and Dusty Data and the Risk Your Organization Already Owns

Posted in E-Discovery Rules, Ethics
This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. During the final panel of Thomson Reuters’ 17th Annual eDiscovery & Information Governance in Practice Forum, Thomas Barnett, Ignatius Grande, and Sandra Rampersaud led a lively discussion on Managing Big Data, Dark Data, and Risk.  And while the exchange incorporated Information Governance 101 principles … Continue Reading

Your Request for Spoliation Sanctions Could Get You Sanctioned

Posted in E-Discovery Rules, Spoliation
We like our litigation to be decided on the merits. Sanctions motions based on unsupported claims of spoliation create expensive sideshows that distract from the merits. And sometimes – although perhaps not frequently enough – baseless and abusive motions are punished. Recently, in Smith v. Westchester County Dept. of Corrections, No. 07-CIV-1803 (SDNY), Judge Shira A. Scheindlin … Continue Reading

Judge Carter Refuses to Disqualify one of SDNY’s “Experts in E-Discovery” – Even More on Da Silva Moore

Posted in Predictive Coding
In prior posts, we’ve commented on the emerging judicial focus on the use of technology-assisted review/predictive coding as well as the twists and turns of Da Silva Moore, in which Magistrate Judge Peck permitted the use of predictive coding in a groundbreaking decision, only to have plaintiffs seek his recusal on the purported ground that … Continue Reading